"It cannot be reasonably suggested that contact between go-karts during a race is anything other than just such a 'commonly appreciated risk' of go-karting," the First Department said.
September 03, 2015 at 05:02 AM
1 minute read
The original version of this story was published on New York Law Journal
Citing the famous “Flopper” case, the Appellate Division, First Department, dismissed a tort claim brought against the operator of an indoor go-kart racing track Tuesday.
Beth Garnett, the plaintiff in Garnett v. Strike Holdings, 119073/06, claimed that she was permanently injured when the go-cart that her boyfriend was driving and in which she was riding was bumped twice by other go-carts.
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